Back / lumbar spine Board decisions

The Veteran's migraine headaches have been granted a 50% evaluation since April 10, 2014.,For the period prior to August 7, 2014, his lumbar spine disability was not manifested by ankylosis of the entire thoracolumbar spine and thus did not warrant a higher than 20% evaluation. However, beginning on August 7, 2014, he is now in receipt of a 40% evaluation for this condition.

The Board has remanded the case for additional development due to unclear etiology of the Veteran's claimed lumbar spine and right foot disabilities, as well as potential aggravation by a service-connected condition.

The Board found that the Veteran's back disability was not caused or aggravated by his service-connected left femur fracture residuals.

The Board has remanded the case for further development due to insufficient consideration of a medical opinion from Dr. Z and the need to verify his credentials and treatment records.

The Veteran's lumbar spine disability is rated at 20 percent, and his radiculopathy of the right and left lower extremities are each rated at 10 percent. The claims for increased ratings were denied.,TDIU was also denied due to incarceration in connection with a felony conviction.

The Veteran's lumbar spine disability is at least as likely as not aggravated by his service-connected right knee and hip disabilities, and the Board grants service connection for this condition.

The Board finds that the Veteran's currently diagnosed syringomyelia and degenerative arthritis of the lumbar spine were not incurred in or aggravated by service. The evidence does not support a finding of continuity of symptomatology after service separation.

The Board has determined that it is not factually ascertainable prior to January 4, 2008, that the Veteran's service-connected disabilities alone rendered him unable to work and thus an effective date earlier than January 4, 2008 for a total disability rating based on individual unemployability due to service-connected disability on an extraschedular basis cannot be assigned.

The Board has determined that the Veteran's right arm, cervical spine, and lumbar spine disabilities are not service-connected as they are not related to her active military service.

The Board has remanded the case for additional development due to an inadequate VA examination and requests that an addendum be provided.

The Veteran's initial increased rating claim for lumbar spine disability prior to December 17, 2010 was denied. The Board also denied an evaluation in excess of 20 percent from December 17, 2010 to May 18, 2012 and TDIU on an extraschedular basis prior to May 19, 2012.

The Board has granted service connection for the Veteran's low back disability, finding that it is related to service.

The Board has denied the Veteran's claims for service connection for a back (thoracolumbar spine) disability and a right shoulder disability, finding that there is no evidence of an in-service injury or disease related to these conditions, and that any current disabilities are not related to his service or service-connected neck disability.

The Veteran's combined disability rating is 80 percent, which meets the percentage requirements for a TDIU. However, his service-connected disabilities do not preclude him from securing and following all substantially gainful employment consistent with his education and occupational experience.

The Veteran's degenerative disc disease at L5-S1 is currently rated as 20% disabling, effective from May 1, 2009. Separate ratings for the left posterior tibial and internal saphenous nerves are being remanded.

The Board has remanded the case for additional development, including obtaining updated medical records and scheduling a VA examination to determine if the Veteran's current lumbar spondylosis is related to her active duty service.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not show objective symptoms warranting a rating in excess of 50 percent for his acquired psychiatric disorder, nor did it show other deficiencies in most areas such as work, school, family relationships, judgment, thinking or mood.

The Veteran's lumbosacral strain is now rated at 40 percent from May 26, 2015, resolving his appeal for a higher rating. His TDIU claim remains pending as he meets the schedular criteria but may require further consideration due to additional service-connected conditions.

The Veteran's hypertension has been found to be related to service, and she is granted service connection for this condition.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for service connection for a back condition, including as secondary to his service-connected bilateral pes planus. The case will be returned to the Board after completion of this development.